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Law and Science in Conflict: The resurrection of maximum sustainable yield

Law and Science in Conflict: The resurrection of maximum sustainable yield. Tom Appleby Mark Everard and Steve Simpson. What have the Romans ever done for us?. ROMANES EUNT DOMUS. Open access fisheries. Creative Commons Licence Mary Harrsch. Arrival in UK.

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Law and Science in Conflict: The resurrection of maximum sustainable yield

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  1. Law and Science in Conflict:The resurrection of maximum sustainable yield Tom Appleby Mark Everard and Steve Simpson

  2. What have the Romansever done for us? • ROMANES EUNT DOMUS

  3. Open access fisheries • Creative Commons Licence Mary Harrsch

  4. Arrival in UK • 13th Century – England and Wales • 17th Century – War with the Dutch Grotius and a colossal herring fleet • 18th Century - Scotland

  5. Inexhaustibility of the sea • Thomas Huxley London Fisheries Exhibition 1882

  6. United Nations Convention on the Laws of the Sea Established territorial waters to 12 miles Within EEZ (to 200 nautical miles) ‘sovereign rights over fisheries’ with duty to maintain and restore stocks to ‘maximum sustainable yield’ Similar duty for straddling stocks

  7. World Summit on Sustainable Development • Signatories will maintain or restore stocks to levels that can produce the maximum sustainable yield with the aim of achieving these goals for depleted stocks on an urgent basis and where possible not later than 2015

  8. Convention on Biodiversity • MSY by 2020

  9. Reformed Common Fisheries Policy Aim to fish to MSY for depleted stocks by 2015 Longstop date of 2020 Also requirement of Marine Strategy Framework Directive

  10. Legal DefinitionState of Maine v Kreps • The term ‘maximum sustainable yield’ […] refers to a scientific appraisal of the safe upper limits of harvest which can be taken consistently year after year without diminishing the stock […] so that the stock is truly inexhaustible and perpetually renewable

  11. Legal definition - Reformed CFPArt 4 (7) Basic Regulation • ‘ • ‘maximum sustainable yield' means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process

  12. Public trust and inshore fisheries • Within the 12 mile limit there are fewer international obligations • But • Fishing rights owned under public trust • Creative commons Licence Terry Johnston

  13. What is Scientific view of MSY? • Scientific definition • Sigmoid curve • Maximum Sustainable Yield • the largest amount of fish that can be harvested from a stock indefinitely given current environmental conditions. • BMSY • The total biomass (weight) of a stock when it is capable of producing MSY. • SSBMSY • The biomass (weight) of the fish in a stock that is capable of reproducing to produce MSY • FMSY • The level of fishing mortality that would • maintain a stock at MSY • Maximum Societal Yield?

  14. But what is ‘scientific’ advice? • That could mean any science • Not just Beverton and Holt sigmoid curve modelling • Could be economics • Could be ecosystem services • Could be biodiversity protection

  15. What does that mean in practice Not just ICES setting quota for single species Could be area based management – (marine protected areas) Ecosystem approach means need to look at utility of stock for the whole of society and environment We should manage down the worst fisheries first

  16. Single point • For the first time the law on MSY changes the burden of proof, it is now up to the government to demonstrate sustainable fisheries; no more untrammelled rights to fish.

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